Wrongful Conviction Day – October 2nd, 2018
25 Years
21 Exonerations
5th Annual Wrongful Conviction Day
Innocence Canada recognizing milestone anniversaries
On October 3, 2018, Innocence Canada will be celebrating its 25th Anniversary and the 5th Anniversary of International Wrongful Conviction Day (WCD) at a reception at the Law Society of Upper Canada, 130 Queen Street, West, Toronto.
Wrongful Conviction Day has provided a rich opportunity for individuals and organizations around the world who are committed to the battle against wrongful convictions, to organize programs aimed at drawing attention to injustices, rallying support against them and providing public education.
The evening’s programme will be opened and closed by exonerees.
Innocence Canada will be presenting the 4th annual Rubin Hurricane Carter Champion of Justice Award and the 4th annual Tracey Tyler Award but in addition to these two prestigious awards will be the presentation of the first Donald Marshall Junior Award. This award will be given to an exoneree who has through their courage, determination, tenacity and unwillingness to give up or give in been able to go the distance in proving their innocence.
One of Innocence Canada’s founding members and criminal defence lawyer James Lockyer will reflect on the past 25 years of the organization’s important work on behalf of the wrongly convicted. Also speaking will be criminal defence lawyer, humanitarian and former Innocence Canada Director, Marlys Edwardh.
Innocence Canada once again will be joining an increasing number of innocence organizations from around the world as well as individuals, businesses, schools, and other members of the public to recognize the 5th Anniversary of WCD which was launched by Innocence Canada on October 2, 2014.
Cities from across Canada have been signing proclamations in support of WCD and landmarks around the world will be illuminated in recognition of the wrongly convicted and their battle for freedom and exoneration
WCD is designed to encourage the participation of the public and organizations. Faith communities, representatives of all levels of government and educational institutes will set aside time to focus on the causes and remedies concerning wrongful convictions, an issue that affects and devastates individuals and societies worldwide. This can be achieved through media releases, book signings, magazine articles, opinion pieces for daily newspapers, interviews, phone-in talk shows, educational forums, presentations by exonerees, faith community services, vigils, film festivals, Twitter, Facebook and You Tube videos.
Frank and open discussion about the causes of wrongful convictions can lead to positive change in our criminal justice systems and help reduce future wrongful convictions.
Background on Innocence Movement
Since its inception in 1993, Innocence Canada has helped in the exonerations of 21 Canadians. These innocent individuals combined spent more than 190 years in prison. Innocence Canada has 81 cases currently under review and is undertaking a major project over the coming year to cut into this backlog.
In the United States, the National Registry of Exonerations recorded 139 exonerations in 2017. Spending a combined total of 1,473 years in prison. The National Registry has recorded 2,161 known exonerations since 1989. Exonerations in 2017 set record numbers of the most murder exonerations with official misconduct and false confessions as the primary reasons for their wrongful convictions.
For more information and interview requests for exonerees and Innocence Canada representatives please contact:
Win Wahrer
- Innocence Canada
- Toll free: 1-800-249-1329 x 227
- In Toronto: 416-504-7500 x 227
- Cell: 416-459-2065
WCD is supported and sponsored by the Criminal Lawyers Association, the Law Society of Upper Canada, the Law Foundation of Ontario, Legal Aid Ontario, educational institutions, law offices and many others.
Follow us on social media:
- Facebook: www.facebook.com/innocencecanada
- Twitter: @innocencecanada
Congratulations to IC volunteer, Woojin
CONGRATULATIONS WOOJIN ON YOUR ACCEPTANCE INTO HARVARD UNIVERSITY
Innocence Canada wishes to extend their congratulations to Woojin Lim of Vancouver, British Columbia who is the youngest member of our volunteer team.
For the past two years Woojin has been an integral part of and contributing member of Innocence Canada’s Wrongful Conviction Day (WCD) Student/Volunteer Committee.
Win Wahrer met Woojin at Victoria College where he attended her presentation on wrongful convictions. Woojin was inspired by what he heard. He expressed to Win that he had an interest in volunteering with Innocence Canada.
Upon his return to Vancouver, Woojin immediately started raising awareness about wrongful convictions and WCD at his school, with his MLA and in his community.
Woojin’s energy is boundless as he fundraised, accumulated signatures for a federal petition, requested landmark illuminations, and approached cities and towns to sign proclamations recognizing October 2nd as WCD. Listed are some of Woojin’s other efforts to raise awareness:
- Woojin approached Canada’s Minister of Justice, Jody Wilson-Raybould at a youth forum in Vancouver to discuss wrongful convictions;
- Woojin reached out to the University of British Columbia Innocence Project about hosting a WCD event;
- Woojin worked for the summer as administrative assistant at the Canadian Bar Association British Columbia branch and spread awareness about wrongful convictions to anyone who would listen; and
- Woojin made presentations at his school to the social studies and law classes.
Woojin is creative, innovative and is a visionary.
Woojin is a highly intelligent, motivated, passionate and compassionate young man. He is also a good communicator, role model, and tireless advocate for the causes he believes in.
Innocence Canada is grateful for his tireless efforts and significant contribution to its organization. We are inspired by Woojin’s commitment and dedication to supporting the work we do on behalf of the innocent.
Woojin is an exemplary human being, student, scholar and humanitarian.
We have no doubt that Woojin will be a positive influence at Harvard University and in his new community.
We hope that he will continue to share the stories of the wrongly convicted and encourage Harvard to participate in Wrongful Conviction Day 2018.
Harvard is fortunate to have a student who possesses the best qualities of a future leader.
Please read the following article that pays tribute to Woojin and his road to Harvard University or words to that effect.
Dedication of Donald Marshall Jr. Centre for Justice and Reconciliation
Author: Win Wahrer
A ceremony was held on June 21, 2018 to open a superior court on the Wagmatcook Reserve. The court is located inside the Wagmatcook Cultural and Heritage Centre in Wagmatcook, Nova Scotia. This court is believed to be the first of its type in Canada.
The establishment of the court follows a recommendation from the 1989 “Royal Commission of Inquiry on the Donald Marshall Junior Prosecution” to have more provincial court sittings on Nova Scotia reserves. This recommendation was echoed most recently by the 2015 “Truth and Reconciliation Commission of Canada.”
The Donald Marshall Junior Centre for Justice and Reconciliation will house a provincial court and the family division of the Nova Scotia Supreme Court which will incorporate indigenous restorative justice traditions and customs including a Healing and Wellness Court and Gladue court.
Ron Dalton and Win Wahrer represented Innocence Canada and its clients at the unveiling which was even more significant because it took place on the Indigenous People’s Day.
Ron and Win were humbled and honoured to be at this historical occasion in memory of their friend and the first Canadian recognized as wrongly convicted. Junior inspired and gave hope to other wrongly convicted people to continue the fight to clear their names.
The ceremony and the unveiling were extremely moving and respectful to Donald Marshall Junior’s memory. Tributes were paid to him, his family and the Mi’kmaq people.
Fifty of Donald Marshall Junior’s family, Mi’kmaq Chiefs, friends, supporters and performers were in attendance along with dignitaries from all levels of the Nova Scotia government, judiciary and Mi’kmaq community.
Nova Scotia Chief Justice Michael MacDonald who was in attendance and addressed the attendees said that “a justice system steeped in racism let Donald Marshall Jr. down at every stage. We cannot, judges, ever forget that. Those who work in our justice system can never forget that.”
Wagmatcook First Nation Chief Norman Bernard said “this is truly a historic day for the Mi’kmaq and the province of Nova Scotia. It’s an example of reconciliation with Indigenous people through the courts and will reflect Mi’kmaq values.
Marlys Edwardh, one of Donald Marshall Junior’s lawyers and former Innocence Canada Board member, returned the repatriation feather to Nova Scotia. The feather had been given to her on her 60th birthday by Junior’s long-time friend Jane McMillan who Junior had given it to. Junior had been given the feather by fellow exoneree, Wilson Nepoose. The feather, a sacred symbol of First Nations culture was given back to the Mi’kmaq people. The feather will remain in the courthouse as a reminder of the injustice that was done to Junior, his family and the Mi’kmaq in the hopes that such an injustice will never happen again.
Also taking part in the feather ceremony was lawyer, Stephen Aronson who was responsible for Donald Marshall Junior’s ultimate vindication and Justice Anne Derrick who represented Donald Marshall Junior at the 1989 Commission of Inquiry into his wrongful conviction.
It was clear that no one who observed or took part in the ceremony has forgotten the gross injustice that lead to forgiveness and collaboration between the Mi’kmaq people and the province.
The presiding judge of the new court is Justice Laurie Halfpenny-MacQuarrie who worked closely with the local Aboriginal Chiefs to bring the idea of the court into reality. The court will sit every Wednesday.
Submissions on Criminal Justice Reform
Innocence Canada is grateful for the opportunity to contribute ideas to the Minister of Justice for legislative reforms directed to the prevention and correction of miscarriages of justice. As an organization that has closely examined many wrongful convictions, we believe we can bring a valuable perspective to the process of improving the law of evidence, the conduct of trials and the appellate process. This report examines the rationale behind the 13 recommendations on criminal justice reform made by Innocence Canada. Each recommendation falls under one of five broader issues:
- statement of defendants;
- guilty pleas of innocent defendants;
- eyewitness identification;
- the appellate role in correcting wrongful convictions; and
- the failure of the defendant to testify.
These recommendations were determined by reviewing the systemic, social, and psychological issues at the heart of each barrier, proven best practices to limit these issues, and the review of cases of wrongly convicted Canadians.
Read the full submission here.
Innocence Canada on Criminal Justice Reform
This document summarizes the 13 recommendations on criminal justice reform made by Innocence Canada on June 9, 2017.
Click here to read the summary of recommendations.
For a detailed rationale on each recommendation, refer to the full submission found here.
Job Posting – Director of Operations
Location: Toronto, Ontario
Target Start Date: March/April 2023
Pay Rate: Range of $80,000 – $90,000 + plus benefits
Employment Type: Contract – 12 Months Maternity Cover/ Full-time
Background
LJC Recruit Inc. has been engaged exclusively to recruit this exciting role on behalf of Innocence Canada & the Innocence Canada Foundation.
Innocence Canada is a Canadian, non-profit organization dedicated to identifying, advocating for, and exonerating individuals convicted of a crime that they did not commit.
Director of Operations
In this compelling opportunity, you will provide oversight in the following areas:
Financial Management: Working closely with our accounts, bookkeeper, and Finance Committee. Responsible for the management and regular review of any expenditures and revenue, review of cash flows and supporting our auditors. Responsible to develop the Annual Budget, monitoring the investment portfolio, and filing of all necessary reports to the CRA for charitable funds.
Human Resources: Coordination of all HR functions, including internal communication memos, training policies, employee contracts (ensuring that all employee contracts comply with employment law provisions, with internal equity objectives and with all IC Human Resources policies), management of the employee benefits program, coordinate, maintain and ensure performance management deadlines are met. Arranges payment of Law Society fees and verifies Lawyer’s Continuing Professional Development (CPD) hours.
Grants Management and New Grant Development: Research of potential funders, drafting of grant applications, monitoring and reporting on grant payments. Supports other staff & Directors with fundraising efforts. Providing any needed material to attract funders. Develops and maintains relationships with potential funders.
Risk Management: Ensuring and maintaining appropriate D&O and E&O insurance coverage for the IC and ICF Boards and legal staff insurance. Assesses risk for all areas of operations.
Facilities Management: Ensuring lease compliance, and addressing other facilities issues with the landlord.
Technology Management: Management of the external technology service provider, including contract negotiation.
Board and Committee Support: Scheduling of both Boards and Committee Meetings, preparation of agendas, and preparation of minutes.
Corporate Governance: Manage the corporate books and records, ensuring compliance with applicable legislative and regulatory requirements.
Co-ordination of Planning and Reporting: Prepare the Annual Business Plan, quarterly financial reports on the Budget year to date and year-end financials.
Event Planning: Support to and coordination with the Director of Client Services related to event planning, including preparation of materials/presentations, invitations, support to media outreach and response.
General: Responsible for office communications and oversight of the website.
Other Duties as assigned.
To Apply
Please send your resume and cover letter to: lisajoycochrane@gmail.com
The argument for a Criminal Cases Review Commission
This paper examines the need for a systemic change in the review of cases from possible wrongly convicted individuals. Mr. Lockyer illustrates that an independent Canadian Criminal Convictions Review Commission should be established to more effectively and expediently address wrongful convictions in Canada.
Mr. Lockyer details the history of Section 696.1 of the Canadian Criminal Code. This leads to an outline of the problems with the state of the law as it stands in Canada. As a solution to the many barriers Section 696.1 creates to rectifying miscarriages of justice, Mr. Lockyer outlines how Canada would benefit in adopting a Criminal Cases Review Commission by showing how this Commission has had a positive effect on the United Kingdom’s criminal justice system.
Innocence Canada (formerly AIDWYC) Film
Innocence Canada (formerly The Association in Defence of the Wrongly Convicted or AIDWYC) is a non-profit organization dedicated to identifying, advocating for, and exonerating individuals convicted of a crime that they did not commit and to preventing such injustices in the future through education and reform. The Innocence Canada Foundation supports the charitable work of Innocence Canada.
This short film by Canadian Filmmaker Sammy Ray Welsh features Innocence Canada client Anthony Hanemaayer, Innocence Canada Director and Exoneree Ron Dalton and his daughter Allison, lawyers Marlys Edwardh and James Lockyer, Justice Kaufman and University of Toronto Professor, Kent Roach. Innocence Canada is grateful to all those involved in the project and, in particular, to Sammy Ray Welsh for his dedication to Innocence Canada and perseverance in making this film.
Wrongful Conviction Round Table Report
On February 10, 2017, with financial aid and organizational help from the federal Department of Justice, the round table took place at the Law Society of Upper Canada, Innocence Canada hosted a roundtable to discuss specific reforms to the criminal justice system that would aid in reducing the number of wrongful convictions. The roundtable included a remarkable cross-section of players from across the justice system noted for their expertise on the subject of wrongful convictions. These included:
- University of Toronto law professor Kent Roach, an internationally recognized expert in wrongful convictions;
- Amanda Carling, a leading specialist in aboriginal justice issues and former Legal Education Counsel with Innocence Canada; currently, Manager of Indigenous Initiatives at University of Toronto’s Faculty of Law; and
- James Lockyer, a lawyer who, as co-founder of the Association in Defence of the Wrongly Convicted (now known as Innocence Canada), is synonymous with the innocence movement.
The full report explains the need for the participants’ numerous recommendations, which include the creation of an independent review commission, the usefulness of expert evidence during trials, and guidelines for police interrogations.
The Future of Innocence Work in Canada
Many stakeholders involved in innocence work in Canada feel that, despite an accumulation of knowledge about the causes of wrongful convictions, only limited measures have actually been implemented to prevent and correct wrongful convictions and so wrongful convictions continue to occur.
In January 2015, Innocence Canada (formerly The Association in Defence of the Wrongly Convicted or “AIDWYC”) arranged a one-day strategic planning session in order to bring together a selection of experts who are involved in Canadian wrongful conviction work. This report highlights the priority issues in Canadian innocence work that were identified and makes recommendations on how to affect more long-term change.